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Masergy+Philippines+Employment+Contract+2023!12!15
Masergy+Philippines+Employment+Contract+2023!12!15
12/14/2023
Dear David,
It is our pleasure to inform you that you are being hired by Masergy Philippines, Inc. (the “Company”), subject to the
following terms and conditions:
You shall render services principally at the Company’s principal office but expressly consent to the transfer of your
assignment to any of the Company’s offices as it may deem necessary.
Moreover, it is understood that prior to the commencement of your employment with the Company, you hereby
undertake to open a payroll account with the designated bank of the Company and complete membership with
government agencies as may be required by law
If at any time during the probationary period the Company finds that you are not qualified for continued employment,
it may terminate your employment.
To ensure satisfactory performance, the Company shall regularly evaluate your performance against the standards
set by the Company such as:
i. skills;
ii. aptitude;
iii. quality of work;
iv. efficiency;
v. attitude;
vi. initiative and interest in work;
vii. work ethic;
viii. working relations;
ix. leadership quality;
x. attendance and punctuality;
xi. grooming;
xii. focused customer service;
xiii. being engaged and involved;
xiv. placing customers, partners and employees first; and
xv. transparency
For this purpose, you hereby agree and give your consent to allow the authorized Company representatives to
monitor, review, retrieve, and/or record all business transactions that you are involved with or may have entered into
for and on behalf of the Company.
4. Compliance with the Company Employee Handbook and the Code of Good Conduct and
Behavior.
In signing this Contract, you agree to comply with all applicable policies and procedures set forth in the Company’s
Employee Handbook and Code of Conduct, as modified from time to time.
You likewise undertake to faithfully comply with such other rules, regulations, policies and instructions that now exist
or may hereafter be promulgated by the Company. It shall be your responsibility to read and know these rules
immediately upon their promulgation.
5. Work Schedule.
Considering the nature of your work, and our business demands, you agree and understand the impossibility of
maintaining regular working hours and accept the schedule to be implemented by the Company, at the Company’s
sole discretion, based on business needs.
Provided you complete the probationary period, you will be eligible to receive a performance bonus of 15% of your
annual base compensation. Bonus amounts will be based on the Company’s performance with respect to certain
financial targets. In your first year the bonus payout will be pro-rated based on the date of your regularization.
You are also entitled to food, transportation or compensatory allowance of Php 3,000.00 monthly which shall be
deemed included in your gross monthly compensation, but not taxed, subject to tax laws and regulations as may be
in effect from time to time.
Upon hire, you will be entitled to receive the following benefits, to the extent that they are offered by the Company:
· Health insurance
· Disability Insurance
· Life Insurance
· Reimbursements for over-the-counter medications
If you complete the probationary period and become a regular full-time employee, you will also be entitled to receive
the following benefits to the extent that they are offered by the Company:
· Monthly Vitamins
· Annual Rice Subsidy
· Vacation leave of ten (10) days per year, prorated to start, with an additional day for every year of service up to a
maximum of 15 days per year. (Vacation leave does not carry over.)
· Sick leave of ten (10) days per year, prorated to start. (Sick Leave does not carry over. Accrued, unused sick
days may be paid out at the employee’s request after January 15th following the one-year anniversary of the
employee’s date of hire.)
Notwithstanding anything set forth herein, the Company is not obligated to institute or maintain any benefit plan or
program listed above, and reserves the right to modify, amend, or discontinue any such benefit plan or program it
offers to its employees at any time.
7. Conflict Of Interest.
You are expected to devote your time and energy toward the faithful and diligent performance of your duties and
responsibilities. You shall refrain from engaging in any activity or business that will directly or indirectly compete
with the Company’s operations, result in a conflict of interest, or adversely affect the proper discharge of your duties
and responsibilities under this Contract. You further undertake not to accept any work for any other company during
the duration of this Contract without the express and written consent of the Company.
8. Work Products.
You shall promptly furnish the Company a complete record of any and all ideas, inventions, patents, improvements,
whether patentable or not, trade/service marks, whether registered or unregistered, registered or unregistered
designs, utility models, copyrights, including design copyrights, computer programs, software code, works of
authorship, copyrighted and copyrightable works, or applications for any of the foregoing ("Intellectual Property")
which you, solely or jointly, may conceive, make or first disclose during the period of your employment with the
Company.
You hereby agree to assign to the Company, and to execute all necessary documents to grant and assign to the
Company or its nominee, your entire right, title and interest in and to the ideas, inventions, patents and improvement,
and any other Intellectual Property. In addition, you agree to waive, any moral rights and any right to additional
payment with respect to the use or exploitation of works that relate in any way to the actual or anticipated business
or activities of the Company, its subsidiaries or affiliates, or that are anticipated by or result from any task or work for
or on behalf of the Company, together with any and all domestic and foreign patent rights in such inventions and
improvements, and other Intellectual Property. To aid the Company or its nominee in securing full benefit and
protection thereof, you hereby agree to promptly do all other lawful acts reasonably requested at any time during and
after your employment with the Company, without any additional compensation therefor.
To the extent any materials, including written, graphic or computer programmed materials, authored, prepared,
contributed to or written by you, in whole or in part, during the term of my employment by Company and relating in
any way to the actual or anticipated business or activities of the Company, qualify as “work made for hire,” as such
principle is described in Section 178.3 of the Intellectual Property Code of the Philippines, then the copyright to such
materials shall belong to the Company. .
Upon termination of your employment or of this Contract for any cause, you shall continue to keep as private and
privileged such confidential information as described in this Section, and shall not release or in any way disclose
such confidential information to any person, firm, corporation, or other entity, in any manner or form, either by
statement, deposition, or as a witness, except upon direct written authorization of the Company through its duly
authorized representative.
Any violation of this provisions shall constitute a ground for the termination of your employment or of this Contract
and shall render you liable to damages equivalent to the estimated loss or damages sustained by the Company on
account of the unauthorized disclosure, but in no case less than Php500,000.00. The Company reserves the right to
institute the appropriate civil and/or criminal action and exhaust other legal remedies available to recover damages
and other relief against you for any unauthorized revelation or disclosure of such confidential information. The
Company shall likewise be entitled to an injunction by any competent court or authority to enjoin and restrain the
unauthorized disclosure of such confidential information, and you warrant your cooperation with the application for
and implementation of such process.
You further agree that upon termination of your employment or of this Contract for any cause whatsoever, you shall
forthwith surrender to the Company, in good condition, without need of demand, and without retaining copies or
excerpts thereof, all confidential and proprietary information, and any other information not specifically designated
by the Company for release to the public that may come into your possession during your employment, including
Company brochures, handouts, manuals, and/or project related or client-related documents and the like. You shall,
without need of demand also surrender all other Company property in your possession upon termination of your
employment or of this Contract.
Furthermore, where required by law, regulation or court order to disclose confidential information, you shall notify and
assist the Company in seeking protective orders, and if the Company fails to obtain such protective order in a timely
manner, you shall only disclose the portion of the confidential information that is legally required to be disclosed and
shall exercise all reasonable efforts to obtain reliable assurances that confidential treatment will be accorded the
information disclosed.
You shall not at any time during the employment (otherwise than in the proper performance of your duties) or at any
time thereafter copy or reproduce in any form or by or on any media or device or allow others access to or to copy or
reproduce any documents, disks, memory devices, notebooks, tapes or other medium on which confidential
information may be recorded or referred to.
The Company may notify your future or prospective employer(s) or third party of the existence of this undertaking on
your part and shall be entitled to full injunctive relief for any breach.
10. Non-Competition.
You agree that during your employment, and for a period of one (1) year following the termination of your
employment for any cause whatsoever, you will not, directly or indirectly, either as an individual or on your own
account, or as a partner, employee, agent, consultant of, or for any person, firm, association, corporation, or other
entity, or as an officer, director, or shareholder of another corporation, engage in any of the following activities within
the territorial jurisdiction of the Republic of the Philippines:
a. Enter into any company or partnership, or engage in any business, that competes with the Company’s
business. For purposes of this subsection, the Company is primarily engaged in the business of data, voice, video
network, managed information technology, network security monitoring and associated services.
b. Solicit customers, business, patronage, or orders for, or sell any products or services, for yourself or for any
person, firm, association, corporation, or other entity engaged in a business that competes with the Company’s
business.
c. Enter into or engage in any discussion or negotiation, or assist in such actions to encourage employees,
agents, managers, or consultants of the Company to disassociate their relationship with the Company in order to
engage in any business that competes with Company’s business.
d. Promote or assist, financially or otherwise, any person, firm, association, corporation, or other entity engaged
in a business that competes with the Company’s business.
In case of any violation of this provision, you unconditionally agree to forfeit whatever remuneration and benefits
accruing to you, and furthermore, to be liable to pay the Company liquidated damages in the amount of Php 225,000.
You have the right to access and correct any Personal Information and Sensitive Personal Information in your
personnel records, as well as the right to lodge a complaint before the National Privacy Commission in case of
violation of your data privacy rights.
Subject to the same terms and conditions, you likewise give your full consent and authority for the Company to
disclose such Personal Information or Sensitive Personal Information to third parties or any of the Company’s
affiliates, subsidiaries or related parties, whether the same be recorded or not, in material form, both during and after
the course of your employment. Such third parties, affiliates, subsidiaries or related parties are required to keep
confidential the Personal Information and Sensitive Personal Information provided to them and to use the
information only to provide the services or fulfill the responsibilities they have been engaged to perform. The
Company may also disclose Personal Information and Sensitive Personal Information as a consequence of a sale of
the assets or any shares of the Company, or in preparation for any of these events, and pursuant to laws, regulations,
and court orders or subpoenas that may be received by the Company.
You also understand and agree that the Company and its affiliates has the right to monitor, record, access, and use in
any way it deems fit all communications, documents, information, telephone conversations, voice messages,
electronic messages, or any part of information or message (whether in the form of data, texts, images, speech, or
any other form) ("Communications") transferred via and/or stored on Company's network infrastructure and
telecommunications system ("IT system") for compliance with Company policies. You acknowledge that you have no
expectation of privacy with regard to these Communications and when using Company's IT system or any part of
your personal device(s) (no matter where it is located)being used to access Company's email and applications or
reasonably believed to being used for such purposes, whether the personal device is used for business purposes
exclusively or for both business and personal purposes.
a. Your performance is unsatisfactory and falls short of the performance standards set by the Company;
b. You commit acts in violation of the Company’s Employee Handbook or Code of Good Conduct and
Behavior or other policies that warrant a penalty of termination of employment;
c. You are thereafter found to be physically, psychologically or medically unfit for the job;
d. If there is a just, valid, lawful, or authorized cause to terminate the employment contract; or
e. Such other causes provided for under this Contract or applicable law.
13. Resignation.
Should you decide to resign from employment, you agree to notify the Company’s Human Resources Department in
writing at least thirty (30) days before the intended date of resignation. You acknowledge that your failure to give
timely notice shall cause the Company damages and you hereby agree to pay the Company liquidated damages in
the amount of Php 225,000. In such an event, you further unconditionally agree to forfeit whatever remuneration and
benefits accruing to you, the same to be applied in the payment of damages.
14. Reimbursement for Losses or Damages.
You undertake to reimburse the Company for any property that may be broken, destroyed or lost by you through your
negligence or carelessness, and other indebtedness that you may have incurred with the Company. For this purpose,
you hereby authorize the Company to make the necessary deduction from your remuneration and benefits.
You further warrant that, upon the start of your employment, you hold no position in any other firm or entity.
This Contract shall supersede the terms of any prior employment agreement or understanding between you and the
Company. This Contract may be modified or amended only in writing signed by you and an authorized representative
of the Company.
18. Severability.
Should any portion of this Contract be held to be invalid, unenforceable or void, such holding shall not have the effect
of invalidating the remainder of this Contract or any part thereof, the parties hereby agreeing that the portion so held
to be invalid, unenforceable, or void shall, if possible, be deemed amended or reduced in scope.
By affixing your signature below, you indicate your acceptance of all the foregoing terms and conditions of this
Contract. Furthermore:
a. You acknowledge that you have read and understood this Contract;
b. You are familiar with the language used in this Contract and, where unfamiliar, it has been translated and
explained to you in a language known to you;
c. You attest to the veracity of all information, and the authenticity of all documents, you presented and
submitted in connection with your application; and
d. You warrant and guarantee that the Company shall be free and harmless from any and all liability or legal
action for which you may have been involved relative to your previous employment.
WE WELCOME YOU TO OUR ORGANIZATION AND TRUST THAT YOUR EMPLOYMENT WITH US SHALL BE MUTUALLY
BENEFICIAL.
Very truly yours,
Natalie Irasga
Employee:
I acknowledge receipt of the original of this letter-Contract and agree to all its terms and conditions.
signHere1
_________________________________ ________________________
Signature Employee Name
Date: _____12/14/2023_______